Anime case: Odex had 'no right of civil action'..

Company was only a sub-licensee for titles.. Says judge's ruling..


ANIME distributor Odex had "no right of civil action" against illegal downloaders becuz it was just a sub-licensee - not the copyright owner or exclusive licensee - for most of the anime titles sold here..

That was the rationale behind the court's surprise dismissal of Odex's bid to get Pacnet to disclose its customers' identities.. The judge's 13-page grounds of decision was released to the media on Fri..

Nothing that the firm was also in no position to initiate criminal prosecution.. District Judge Earnest Lau - who on Thurs ordered Odex to pay legal costs of more than $7k - expressed unease over the hasty manner in which Odex tried to go after some 1000 Pacnet subscribers..

In particular.. He was unconvinced of the investigation method it used to uncover the IP addresses and pinpoint the alleged wrongdoers..

Industry observers had expected the court to rule in Odex's favour - esp after it had successfully forced two other ISP Starhub and Singnet - to hand over the data of those suspected of illegal downloading..

Nothing that Singnet did not engage lawyers to resist Odex's application.. Judge Lau raised several issues that he felt "were never fully argued before the court" in the hearing involving Starhub which was handled by a different judge..

Out of the 13 letters that Odex produced to support its claims that it was authorised to go after the illegal downloaders.. Only three parties - all distributors themselves - had "directly appointed" Odex to act for them.. The other 10 letters had authorised the Anti-Video Piracy Association (Singapore) to do so.. Judge Lau pointed out..

In its letters of demand.. Odex is asking for $3k to $5k compensation and also hinted of criminal prosecution should the subscriber refuse to pay up..

But the judge said under the Copyright Act.. "Only the copyright owner and the statutory exclusive licensee have the right to take action against copyright infringers"..

Odex appeared to be the exclusive licensee for just one title.. Mobile Suit Gundam Seed.. The judge added.. Even then.. The Act only gives the exclusive licensee the right to take civil action against the infringer..

For criminal prosecution.. The complaints must be brought about by the Attorney-General's Chambers or "the person aggrieved by the offence"..

Judge Lau said he "could not justify" compelling Pacnet to release the data unless Odex had an "extremely strong prima facie case" against the wrongdoers..

In this regard.. The evidence provided by Odex was found wanting.. Said the judge..

Last year.. Odex engaged BayTSP - an Internet investigation firm in the United States - to provide an online tracking solution to track down and collect details of unauthorised uploading and downloading of anime via BitTorrent.. A peer-to-peer online file sharing platform..

But the judge said Odex director Peter Go - who filed the affidavit - had "no proof" that his firm had engaged the services of BayTSP in this matter.. And neither did BayTSP give evidence in favour of Odex..

Peter Go merely provided articles and FAQ information on BayTSP's website on the services it provides..

Adding that he was "uncomfortable" with the "expediency by which (Odex) approached this case".. The judge said: "This is an application that will impact potentially thousands of persons.. The alleged breach of copyright is inferred from how the BitTorrent protocol works.. It is not sufficient for (Odex) to adduce website information before a court of law or for (Peter Go) to explain the mechanics.."

Even though Odex lost the case.. Judge Lau said: "If a clear case of infringement is proven.. Copyright owners and their exclusive licensees can expect pre-action assistance from the Court subject to the principles laid out (in the judgement).."

Nominated Member of Parliament and lawyer Siew Kum Hong said Judge Lau's judgement "seems to set a high bar" for such applications..

"Very often.. Including in the media.. There is insufficient recognition of people's rights.. Or even the rights of the infringers.. The judge put in a lot of effort and took pains to consider that.."

When contacted.. Peter Go said Odex would be appealing against the judgement..

I know I can't touch ur heart now..
So it doesn't matter which kind of luv if I can stay with ya..
Cuz I knw the separated ones go beyond time & space & get together..
Becuz of ya, I will keep waiting becuz of ya..
This is the tot that fills my heart now..
I will always like & luv ya..

*I feel so xing fu with her*

*MerQu|s3*^^ aka *yeKai*^^